Ann Webster of Scalford 1885 Will
Leicestershire, Leicester and Rutland Archives DE 462/28 page 445
This is the last Will and Testament of me Ann Webster of Scalford in the County of Leicester Widow of the late Mr Thomas Webster as follows
I appoint James Thomas Webster Wilson of Carrington in the extended Borough of Nottingham Solicitors Clerk and William Thomas Kirk of Scalford aforesaid Farmer Trustees and Executors of this my Will and I give to the said William Thomas Kirk a legacy of nineteen guineas as an acknowledgement for the trouble he will have in executing the trusts of tis my Will
I bequeath to the Vicar and Churchwardens of the Parish Church of Scalford aforesaid the sum of Two hundred pounds free from Legacy duty and I direct them to invest the same in or upon any of the Public Stocks Funds or securities of the United Kingdom or on real security in England and to expend the dividends interest and income thereof in the purchase of coal such coal to be distributed by them and their successors Vicars and Churchwardens of the parish Church of Scalford aforesaid on the twenty fourth day of December in each year for ever equally between the deserving poor of the parish of Scalford aforesaid and I direct the aforesaid Charitable bequest to be paid in priority out of such part of my personal estate as is applicable by law for the payment thereof
And whereas I am entitled under the Will of my said late Husband dated the thirtieth day of August one thousand eight hundred and seventy nine and Codicil thereto dated the twenty third day of October one thousand eight hundred and seventy nine to the income arising from certain real and personal estate for my life with a power of appointment over the said real and personal estate by my last Will and Testament or any Codicil or Codicils thereto and which power of appointment I desire by this my Will to exercise in manner hereafter mentioned Now therefore in exercise of the power of appointment contained in the aforesaid Will of my said late Husband and of every or any other power in anywise enabling me in this behalf I direct and appoint that all and singular the real and personal estate over which I have by the said Will or otherwise a power of appointment together with the rights privileges and appurtenances to the said real estate belonging shall from and immediately after my decease be held by the said James Thomas Webster Wilson and William Thomas Kirk Upon the trusts and for the purposes hereinafter expressed and declared of or concerning the same that is to say
As to a messuage or Dwellinghouse situate on the Scalford Road in the Town of Melton Mowbray in the County of Leicester now or late in the occupation of Mr Freeman with the use of the yard Closet and Ashpit As now enjoyed and with the appurtenances In trust for Mrs Mary Ann Miller Wife of William Miller of Cottestock in the County of Dorset Butler her heirs and assigns for ever for her sole and separate use
As to the remaining four messuages or Dwellinghouses and Sale Shop situate on the Scalford Road in Melton Mowbray aforesaid with the use of the yard Closets and Ashes Pits As now enjoyed and with the appurtenances but subject to the use by the said Mary Ann Miller and her tenants of one of the aforesaid Closets and Ashes Pits she paying a proportionate part of the expense of keeping the said Yard Closet and Ashes Pit in repair In trust for Mrs Eliza Ann Groves wife of John William Groves her heirs and assigns for ever for her sole and separate use
As to four messuages or dwellinghouses forming Soho Terrace in Melton Mowbray aforesaid with the yard outbuildings and appurtenances thereto In trust for the said Mary Ann Miller her heirs and assigns for her sole and separate use
As to four messuages or dwellinghouses situate in Soho Street, Melton Mowbray aforesaid adjoining together and the two rooms attached, with the yards outbuildings and appurtenances to the same belonging now in the respective occupations of Robert Gibson Mrs Mary Ann Birtchnell Mary Dunnicliffe Hannah Ward and Susan Wall (the latter occupying the aforesaid two rooms) in trust for the said Mrs Mary Ann Birtchnell the wife of Thomas Birtchnell her heirs and assigns for ever for her sole and separate use
As to six messuages or Dwellinghouses two of which adjoin together and front to Norman Street in Melton Mowbray aforesaid and the remaining four to Soho Street aforesaid with the Yards outbuildings and appurtenances thereto To the use of or in trust for the six Children of George Holland hereinafter named their heirs and assigns for ever namely for Pinkard Holland the house in Norman Street next to Soho Street occupied by Lumley Johnson for her separate use for Alfred Holland the house adjoining in Norman Street occupied by Samuel Gilbert for Harry Holland the house in Soho Street occupied by William Jones for Horace Holland the house in Soho Street occupied by William Everitt for Walter Holland the house in Soho Street occupied by Sarah Ann Dobney for Thomas Holland the house in Soho Street occupied by William Green but in case any of the above named Children shall die before attaining the age of twenty one years then the real estate hereinbefore appointed in trust for him or them shall be held in trust for such of his before mentioned Brothers and Sister as shall attain twenty one in equal shares
As to six messuages or Dwellinghouses forming Soho Court situate in Melton Mowbray aforesaid with the outbuildings and appurtenances to the same belonging In trust for John Holland of Billingborough in the County of Lincoln Butcher his heirs and assigns charged nevertheless with the payment to my said Executors within twelve calendar months after my decease of the sum of One hundred and fifty pounds which sum I direct my Executors to pay to the Children living at my decease of Francis Shelton by his present wife Elizabeth or such of them as shall attain the age of twenty one years
As to the messuage or Dwellinghouse situate and being Number 7 in Norman Street in Melton Mowbray aforesaid now in the occupation of Mrs Elizabeth Page with the yard outbuildings and appurtenances to the same belonging In trust for the said Elizabeth Page her heirs and assigns for her sole and separate use
As to the five messuages or dwellinghouses situate in Norman Street in Melton Mowbray aforesaid numbered 8 to 12 both inclusive with the yards outbuildings and appurtenances to the same belonging In trust for the said James Thomas Webster Wilson his heirs and assigns
And as to the remaining six messuages or dwellinghouses situate in Melton Mowbray aforesaid numbered 13 to 18 both inclusive with the yards outbuildings and appurtenances to the same belonging In trust for Mrs Elizabeth Raven Smyth mother of the said James Thomas Webster Wilson her heirs and assigns for her sole and separate use
As to a close of land with the appurtenances thereto belonging situate at Scalford aforesaid at the side of the Road leading from the Village of Scalford to the Great Northern Railway Station In trust for the said James Thomas Webster Wilson his heirs and assigns for ever
As to the Cottage or Dwellinghouse with its appurtenances now or late in the occupation of John Cooper situate in Scalford aforesaid near Dwellinghouse and premises in my own occupation In trust for Mrs Ellen Parker the wife of Francis Parker of Scalford aforesaid Tailor her heirs and Assigns for her sole and separate use
As to nine Messuages or Dwellinghouses situate at Scalford aforesaid with the outbuildings and appurtenances to the sum belonging now in the respective occupations of Thomas Webster Richard Wilford Parker Wilford John Foster Mrs Rudkin Miss Hand Richard Wilson John Peck and Thomas Hand In trust for John Freckingham of Whissendine in the County of Rutland Farmer Richard Freckingham of Ab Kettleby in the County of Leicester Farmer Thomas Freckingham of Birmingham Baker Stephen Freckingham of Six Hills in the County of Leicester Farmer Alice Freckingham of Whissendine aforesaid spinster and Mary Jane Brown wife of James Brown their heirs and assigns as tenants in common and not as joint tenants the shares of the said Alice Freckingham and Mary Jane Brown to be held for their respective sole and separate use
As to the messuage or Dwellinghouse situate at Scalford aforesaid wherein I now reside with the Yard garden Stable Summer Houses outbuildings and appurtenances to the same belonging Upon trust that the said James Thomas Webster Wilson and William Thomas Kirk or other the Trustees or Trustee for the time being of this my Will do sell the same by public Auction or private Contract with power to make any stipulations as to title or evidence or commencement of title or otherwise and to buy in at any public sale and to rescind or vary either on terms or gratuitously any contract for sale and to resell as aforesaid without being answerable for any consequential loss and after paying all expenses attending such sale do stand possessed of one moiety of the clean proceeds arising from such sale In trust for Herbert Luck North Son of Thomas North of Ventnor Isle of Wight and of the remaining moiety of the clear proceeds arising from such sale In trust for the Children or Child living at my decease of the said James Thomas Webster Wilson if more than one in equal shares as tenants in common
And as to all other (if any) the real estate made subject to my appointment by the Will of my said late Husband deceased including any part thereof which may not have been effectually appointed by this my Will And Also as to the personal estate made subject to my appointment by the same Will but as to the latter charged with the payment of so much of the legacies hereinafter bequeathed as my private personal estate shall be insufficient to satisfy In trust for the said Elizabeth Raven Smyth her heirs executors administrators and assigns according to the nature and quality thereof respectively
I bequeath the following legacies namely To the said Elizabeth Ann Groves One hundred pounds
To the said Mary Ann Miller One hundred and twenty pounds
To the said Mary Ann Birtchnell One hundred pounds
To Mrs Mary Ann Brown of Ab Kettleby aforesaid Widow of [blank] Brown One hundred and fifty pounds
To Mrs Jane Freckingham of Whissendine aforesaid One hundred pounds
To Miss Ann Bailey Webster of Leamington Warwickshire spinster One hundred and fifty pounds
To the said John Freckingham One hundred pounds
To the said Richard Freckingham One hundred pounds
To the said Thomas Freckingham One hundred pounds
To the said Stephen Freckingham One hundred pounds
To the said Mary Jane Brown Fifty pounds
To the said Alice Freckingham Fifty pounds
To the said Elizabeth Page Fifty pounds
To the said Elizabeth Raven Smyth Fifty pounds
And to the said James Thomas Webster Wilson One hundred pounds
I bequeath all my personal estate and effects whatsoever and wheresoever not otherwise disposed of by this my Will subject to an after payment of my Funeral and testamentary expenses and debts and the legacies bequeathed by this my Will and the legacy duty on any legacy bequeathed free of duty unto the said Elizabeth Raven Smyth her executors administrators and assigns absolutely
I declare that in case of the death in my lifetime of any person to or in trust for whom any real or personal estate is appointed or bequeathed leaving issue such issue shall take (equally between them if more than one) the real or personal estate which his her or their parent would have taken had he or she survived me
I authorise my trustees to invest any moneys forming part of the trust estate under this my Will which may at anytime be in their hands and requiring investment in their names in or upon any of the Public Stocks Funds or Securities of the United Kingdom or on real or leasehold securities in England or in or upon the stocks funds shares debentures Mortgages or securities of any Corporation Company or Public body Municipal Commercial or otherwise in the United Kingdom with power to vary the investments from time to time for others of the description aforesaid
And I declare that during the minority of any person to or in trust for whom any real or personal estate is by this my Will appointed or bequeathed the Trustees or Trustee for the time being of my Will shall take and retain possession or receive the rents dividends or interest of the hereditaments and premises to which such Minor shall be entitled or expectantly entitled and shall after paying all outgoings and expenses apply at their or his discretion the whole or any part of the net rents and profits of the same hereditaments and premises for or towards the maintenance education or benefit of such Minor and that notwithstanding there may be some other person bound by law to provide for such minor with power to pay the same to his or her Parent or Guardian for that purpose without seeing to the application thereof and shall accumulate the surplus thereof during the minority of such minor by investing the same and the resulting income thereof in or upon any stocks funds or securities whether legally authorised or not or upon deposit receipt with any Banker or Banking Company as they or he may think proper
I devise all real estates vested in me upon any trust or by way of Mortgage Unto and to the use of the said James Thomas Webster Wilson and William Thomas Kirk their heirs and assigns subject to such trusts and equity of redemption as may affect the same respectively at the time of my decease
I declare that I have not made provision for the receipts of Trustees being effectual discharges or the appointment of new Trustees or for the Indemnity of Trustees as such provision is already made by law
And lastly I revoke all other Wills by me at anytime heretofore made and declare this to be my last Will and Testament
In witness whereof I the said Ann Webster the Testatrix have to this my Will contained in or written upon six sheets of paper set my hand this twenty eighth day of April One thousand eight hundred and eighty one
Ann Webster
Signed by the above named Ann Webster the testatrix and by her declared to be her last Will and Testament in the presence of us who being both present at the same time have in her presence at her request and in the presence of each other hereunto subscribed our names as witnesses
Wm HF Goodall, Solicitor, Nottingham
William Parker Platelayer Scalford, Leicestershire
This is a Codicil to the last Will and Testament of me Ann Webster of Scalford in the County of Leicester Widow of the late Mr Thomas Webster which Will bears date the twenty eight day of April One thousand eight hundred and eighty one
Whereas by my said Will I have in exercise of a certain power of appointment therein mentioned or referred to directed and appointed that a certain Messuage or Dwellinghouse situate in the Scalford Road in the Town of Melton Mowbray in the County of Leicester then or late in the occupation of Mr Freeman with the use of the Yard Closet and Ashes Pit as then enjoyed and with the appurtenances shall be held by the Trustees in my said Will named In trust for Mrs Mary Ann Miller wife of William Miller of Cottistock in the County of Dorset Butler her heirs and assigns for ever for her sole and separate use
And whereas I am desirous of revoking the aforesaid direction and appointment in favor of the said Mary Ann Miller and of limiting the same in manner hereinafter expressed
Now therefore I do hereby revoke the appointment in my said Will contained of the said Messuage or Dwellinghouse situate in the Scalford Road in the Town of Melton Mowbray aforesaid in favor of the said Mary Ann Miller and in lieu thereof I appoint and direct that the same Messuage or Dwellinghouse with the appurtenances shall be held by my said Trustees In trust for Mrs Eliza Ann Groves wife of John William Groves her heirs and assigns for ever for her sole and separate use
I bequeath to the said Mary Ann Miller a Legacy of Thirty pounds in addition to the Legacy of One hundred and twenty pounds by my said Will bequeathed to her
And I bequeath to Frederick Holland youngest child of George Holland a Legacy of One hundred pounds if and when he shall attain the age of Twenty one years
And in all other respects I confirm my said Will
In witness whereof I have hereunto set my hand this seventh day of December One thousand eight hundred and eighty three
Ann Webster
Signed by the above named Ann Webster and by her declared to be a Codicil to her Will in the presence of us who being both present at the same time have in her presence at her request and in the presence of each other hereunto subscribed our names as Witnesses
Wm Hy Goodall, Solicitor, Nottingham
JTW Wilson, Carrington, Nottingham
Proved at Leicester with a Codicil on the twelfth day of June 1885 by the Oaths of James Thomas Webster Wilson and William Thomas Kirk the Executors named in the Will to whom Administration was granted
The Testatrix Ann Webster was late of Scalford in the County of Leicester Widow and died on the nineteenth day of May 1885 at Scalford aforesaid
Personal Estate Gros £2,086.8.3. Nett £2,030.4.7.